Senator Terlaje submits comment regarding the establishment of a danger zone for the Live Fire Training Range Complex at Northwest Field

Please see Senator Therese Terlaje’s public comment submitted to the U.S. Army Corps of Engineers regarding Docket number COE-2020-0015 – U.S. Army Corps of Engineers (Corps) regulations to establish a danger zone at the U.S. Marine Corps Base, Camp Blaz in the Pacific Ocean, Guam.

November 30, 2020

Transmitted via email:

U.S. Army Corps of Engineers

Attn: CECW-CO-R (David B. Olson)

441 G Street NW, Washington, DC 20314-1000

RE:  Comment regarding Docket number COE-2020-0015 – U.S. Army Corps of Engineers (Corps) regulations to establish a danger zone at the U.S. Marine Corps Base, Camp Blaz in the Pacific Ocean, Guam

Håfa adai Mr. Olson,

I oppose the establishment of a danger zone comprising approximately 3,660 acres extending into the Pacific Ocean approximately 2.8 miles from the north coast of Guam adjacent to the Mason Live-Fire Training Range Complex (LFTRC), which would limit public access to surrounding beaches, fishing areas and ancestral lands.  The LFTRC sits atop the ancestral villages of Tailalo and Ritidian near Northwest Field which is home to many of Guam’s endangered species and approximately 100 known ancient artifacts and historic resources.  

Avoidance is spelled out as a priority in the 2011 Programmatic Agreement for Military Relocation to Guam and CNMI (PA), but in the case of the live-fire training range and many other projects, the military has declared itself unable to avoid the impacts to historic properties and the environment on Guam. Due to the foreseen impacts to the ancient villages and to the limestone forest, Litekyan/Ritidian was deemed the least suitable and most harmful alternative at the time the PA was signed, and the ancient village at Pågat was removed from the list of alternatives. 

Ritidian is one of the most culturally rich places on Guam. Archaeologists have reported that the area was the site of a thriving CHamoru village that predates the arrival of the Spanish in 1521 by over 600 years.  Dr. Mike Carson has also reported that Ritidian has a 3,300 year old fishing camp.  The area is also one of the few places that Chamorros can access cave drawings, latte sets, limestone mortars, burial grounds, medicinal plants, fishing grounds, and turtle nesting grounds.  In addition to the cultural significance of Ritidian, original landowners are still seeking justice for land takings in the area.  The government of Guam has made it a policy to defend Ritidian from federal control. Cutting off public access hurts the people of Guam’s ability to pay homage to its ancestors, practice its culture, and learn more of its history and sustainable practices that allowed them to survive on Guam for over 3000 years.

Since the Record of Decision for the Final SEIS regarding historic properties was announced, the State Historic Preservation Officer has discovered historic properties that were not considered by the Department of Navy when the Record of Decision to locate the live-fire training range at Northwest Field was made and has consistently requested for a resurvey of the area where the largest of the firing ranges (the multi-purpose machine gun range) is proposed.  During the military’s clearing and grading for four of the five firing ranges, 14 known historic properties have already been cleared of all artifacts.  Nine additional sites containing human remains and six sites containing historic artifacts at the complex were inadvertently discovered, among the approximately eighty other known historic properties in the surrounding area. I request that the comment period for the regulations of the surface danger zone for the LFTRC remain open until a resurvey is complete.  Findings in the resurvey may require the design of the LFTRC to be altered to allow for historic properties to be preserved in place to avoid adverse impacts as intended in the Programmatic Agreement.

The Final SEIS, the Biological Opinion, and other documents outline the clearing of a total of 1,219 acres of limestone forest habitat, including the clearing of 187 acres of limestone forest habitat at Northwest Field, the clearing of 212 acres of limestone forest habitat for the hand grenade range, urban terrain training area and other activities at Andy South, the clearing of 12 acres of limestone forest habitat for well fields and water system at AAFB, and the further clearing of 683 acres of limestone forest for cantonment at Finegayan.

The Biological Opinion (BO) also discusses the significant adverse effects on endangered or threatened species from the proposed destruction of habitat, especially the limestone forest habitat. It states that of the 23 endangered or threatened species located in Micronesia, 13 were found to occur adjacent to or within the proposed project areas. Among the species to be threatened is the Serianthes nelsonii tree, the last reproductive tree on Guam. In particular, the BO, regarding the Live-Fire Training Range at Ritidian Point and the effects on the Guam National Wildlife Refuge states:

“The largest effects on listed species habitat in terms of habitat fragmentation will be on AAFB near Ritidian Point from construction of the LFTRC. This area currently contains a large expanse (over 350 ac {142 ha}) of high-quality primary limestone forest that serves as occupied habitat for the Mariana fruit bat, Mariana eight spot butterfly, B. guamense, D. guamense, Tuberolabium guamense, C. micronesica, H. longipetiolata, and T. rotensis, and unoccupied habitat for the Guam tree snail, fragile tree snail, and humped tree snail (DON 2017a, p. 44). This primary limestone forest is also contiguous with GNWR, providing an even larger forested area serving as habitat for the above eleven listed species. In total, approximately 78 ac (32 ha) of primary limestone forest and 109 ac (44 ha) of secondary limestone forest would be permanently cleared for construction of the LFTRC.

In addition to LFTRC clearing activities, the proposed action will create a Surface Danger Zone (SDZ) over approximately 68 percent of the GNWR at Ritidian Point during operation of the LFTRC. The SDZ will cover the GNWR access road, visitor center, offices, and other facilities and thereby limit access to the GNWR while firing occurs at the LFTRC. Any entry into GNWR will require scheduling with and approval by LFTRC Range Control personnel. The limited access that GNWR staff will have to the refuge property during the estimated 39 weeks per year the LFTRC is active will limit the amount of habitat management that can occur at the GNWR. This could have an adverse effect on listed species by: 1) limiting maintenance of the predator exclusion fence at the GNWR, 2) limiting maintenance of native out-plantings, 3) limiting invasive plant control, and 4) limiting effective ungulate control. Per Section 2822 (Establishment of surface danger zone, Ritidian Unit, GNWR) in the 2015 National Defense Authorization Act, the Service and the DON may enter into an agreement to establish and operate a SDZ over the GNWR. The agreement may include relocation and reconstruction of GNWR facilities, mitigation for impacts to wildlife species, and use of DoD personnel to complete GNWR conservation actions; however, this agreement is not yet in place. Therefore, in this analysis we assume that the operation of the LFTRC will have an adverse effect on listed species by preventing the management, research, and monitoring that would have otherwise occurred at GNWR.”

The establishment of the surface danger zone extending 2.8 miles from the shore and over the LFTRC would be in addition to the approximately 980,000 square nautical miles identified as the “testing and training” area of the Marianas Island Testing and Training (MITT) activities. From my review of the Final MITT SEIS/OEIS, training and sonar at the proposed levels would continue to have significant cumulative impacts on marine mammals and sea turtle species in the area defined by the MITT, and would also limit access to fishing and recreation during testing and training activities.  Our oceans and our land are Guam’s most precious resources and must be preserved and protected from activities that will threaten its ecosystems. Permits obtained by the Navy from the National Marine Fisheries Service for the 2020 MITT allowed 67,724 takings (kills) of 26 different marine mammal species (including whales and dolphins) per year for 7 years due to detonation, sonar, and other training and testing activity within the MITT.  The 2015 MITT study area authorized 12,580 detonations of various magnitudes per year for 5 years.  The previous MITT also allowed 81,962 takings (kills) of 26 different marine mammal species (including whales and dolphins) per year for 5 years due to detonation, sonar, and other training and testing activity within the MITT.  The 2015 MITT also allowed damage or kill of over 6 square miles of endangered coral reefs plus additional 20 square miles of coral reef around Farallon De Medinilla through the use of highly explosive bombs.

In addition to the MITT, a small arms danger zone near Haputo was also established which further limits access during military training exercises.  The fishermen already have to adhere to existing limitations around marine preserve areas and seasonal weather restrictions.  The additional closures of fishing grounds caused by the LFTRC danger zone, MITT training area, and Haputo small arms danger zone to existing fishing limitations makes it increasingly difficult for the community to access safe areas to fish.

In light of many concerns listed the above, and on behalf of those on Guam who will be irreversibly harmed by the bulldozing of limestone forests and construction of the live-fire training range on Guam and the limited of public access to Ritidian and its surrounding areas, and on behalf of the people of Guam who have not consented to their lands, waters, and resources being used for these purposes, I object to further expansion of the military’s footprint and the resulting decrease in access to fishing grounds and cultural sites within the proposed danger zone. Training activity and corresponding danger zones should be made to fit the land set aside for said purpose and not extend to the water and ocean ecosystems, wildlife refuge, and cultural sites. I also  request that you  extend the comment period for the regulations for a surface danger zone to allow additional time for government agency leaders and federal partners to ensure the preservation and access to our ancient villages and pristine resources. At the very least, the rules should include that traditional cultural practitioners, local fishermen, and original landowners be given priority access with minimal limitations and be consulted during the scheduling of danger zone closures.  

In conclusion, I oppose the proposed rule that would limit the community’s access to Ritidian and its surrounding areas for live fire training. Guam, after many decades, continues to demand for federal cleanup and compensation for past contaminations, land takings, exposure to nuclear testing radiation, Agent Orange, and other contaminants.  The cumulative  adverse impacts of contamination from previous actions and the potential effects of this danger zone limiting public access, the clearing of our forests and historic sites, and the expansion of the military control of lands and waters  can and should be avoided as a matter of health, safety, indigenous rights, sustainable fishing, cultural practice, and socioeconomic prosperity of the people of Guam. 

Sincerely,

Therese M. Terlaje

Senator, 35th Guam Legislature